Terms of Service.
Terms of Service ("Terms")
Please read these Terms of Service ("Terms", "Terms of Service", “Terms and Conditions”) carefully before using the www.unearthedbreathwork.com website (the "Service") operated by Unearthed Breathwork ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. The Terms and Conditions agreement for Unearthed Breathwork has been created with the help of TermsFeed Terms and Conditions Generator.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Unearthed Breathwork.
Unearthed Breathwork has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Unearthed Breathwork shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unearthed Breathwork and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
PRODUCTS & SERVICES
By purchasing either a product or service from Unearthed Breathwork, you agree not to disclose or communicate information about Unearthed Breathwork’s practice, materials, or methods to any third parties. You also agree not to give content from any of Unearthed Breathwork’s systems or any other original content to other parties OR replicate, repurpose or sell our work in your own services or products. (© Unearthed Breathwork 2023).
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
TRY A GROUP SESSION FOR $30 PROMOTION
We reserve the right at any time to modify or discontinue this promotion (“try a group breathwork session for just $30!) that is offer on our website, without any notice and at any time.
This promotional offer is limited to one use per person and it only available to be redeemed for a group breathwork session at either our Mount Lawley or South Fremantle locations.
This promotion can not be used with any other offer (e.g. bring a friend for free).
GIVEAWAYS, PRIZES, AND COLLABORATIONS
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) that is offered in a giveaway, prize or collaborations, without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All giveways, prizes and collaborations will be provided an expiry date for redemption. We reserve the right to not extend this expiry date if by no such contact is made, or the request for extension is unreasonable. We reserve the right to not extend the expiry date if its found that the prize winner has forgotten, made other arrangements or can not attend on such posted event date.
Subscribe to Win: 1x Group Breathwork Ticket - Monthly Draw
In order for a valid entry, the user must provide their full details (first name, last name and email address) to the form provided on the website https://www.unearthedbreathwork.com/competition
The user must stay subscribed to the mailing list up until the monthly draw date for a valid entry. If the user unsubscribes to our mailing list, then their entry will no longer be valid.
Competition is open to any Australian resident, who is 18+ years of age.
The user accepts that the ticket is subjected to a strict 3-month expiry date from date of draw, and the ticket must be redeemed on a valid in-person group breathwork service, based out of our studio location West Leederville, Perth WA.
If the user is unable to travel to this location, or attend on the dates available, they can donate their ticket to another user, provided they email info@unearthedbreathwork.com and advise of the change.
GIFT CERTIFICATES
By purchasing any of our gift certificates for either yourself or to gift to another, you and the intended recipient agree to our full terms and conditions, including rescheduling and cancelations policies. Gift certificates must be redeemed via our online booking system and any balance owed must be paid in order for the appointment to be confirmed and valid.
Gift certificates cannot be redeemed for cash.
If in the event the appointment booked needs to be rescheduled you can do so via the email confirmation provided. If in the event the appointment is cancelled (within our policy requirements), the gift certificate value will be added back to the redemption code to be used for another booking. In the event there is either a no-show to the booked appointment or the appointment is cancelled inside our 48-hour cancellation policy, the gift certificate value and any additional monies paid will be forfeited and no refund will be provided.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Breathwork Session Terms & Structure.
TERMS:
1. Please be on time for the session. For 1:1 Private Sessions please arrive 5-minutes early so you have time to relax and get grounded. If you are more than 10-minutes late, your session will be cancelled and no refund will be provided. For all breathwork group circles and events please arrive 15-minutes before your session. The studio door will lock at the start time and will not reopen until the end of the session.
2. If you are attending a group session, the door will be closed at the start time of the session, so as to not disrupt other attendees. Please ensure you arrive before this time or you will not be allow to participate and no refunds will be provided.
MEDICAL CONTRAINDICATIONS:
To review the medical contraindications of breathwork - please click here
NO REFUNDS & CANCELLATION POLICY:
We have a 48 Hour rescheduling and cancellation policy designed to keep you accountable for your commitment to yourself. If you're unable to make your Class, refunds will not be available.
We want the best for you, and that means taking radical ownership of your decisions, and being committed to your agreements which is a very healthy habit to build.
COMPASSIONATE GROUNDS:
If within the 48 Hour period an event occurs which makes you UNABLE to attend the Class (like a family emergency, hopsitalisation, or sickness that is contagious or renders you unable to breathe in the Class), please call us directly on 0434 701 952 so we can consider rescheduling for you.
We want to prioritise your health, the health of other clients, and want to ensure you experience the service you deserve, alongside committing to your agreements.
U’Breathe Membership Program Policy.
Memberships are billed either on a Weekly or Monthly recurring basis, and auto-renew for a 12 month period.
After the 12 month period, you will be required to purchase a new membership package if you wish to continue.
Memberships are extremely limited, so you will be given prior notice to the end of you current membership and a 7-Day grace-period to purchase your new membership. If the 7-Days have passed, your membership spot will be offered to the waitlist.
There is no minimum commitment/lock-in-contract.
Memberships cannot be transferred or used by another person at any time.
If you wish to cancel, 7-Days written notice will be required.
All memberships begin on the date of purchase.
Membership prices are subject to change with prior written notice.
Exclusions for special offers & events may apply.
We reserve the right to cancel memberships and/or terminate the membership program at any time.
Membership applied to weekly breathwork circles only and is no applicable for 1:1 Private or Couple Sessions.
CONTACT
If you have any questions about these Terms, please contact us.
Our Terms & Conditions was last updated on 6th September 2023.